Unjust laws become an instrument of power, while just laws restrain it

February 4, 2011 07:15

The ObamaCare situation will swiftly escalate to the Supreme Court and be resolved one way or the other, but the damage from Obama’s illegal offshore drilling moratorium is done – that industry has been essentially destroyed.

by John Hayward at Human Events


The Obama Administration has been held in contempt by a New Orleans judge, for extending its offshore drilling moratorium in defiance of a court order.  The Administration has also declared its intention to continue implementing ObamaCare, in defiance of a federal court judgment that the inseparable “individual mandate” is unconstitutional.  These incidents highlight the difference between power and the law.

In these examples, political power has allowed the Obama Administration to ignore the law.  Part of that power lies in the President’s insulation from consequence.  It’s not very likely he will be impeached and removed from office for ignoring these court decisions, and no other sector of the government seems able to apply any meaningful sanctions.

The Left’s notion of a “living Constitution” is based on the idea of power overriding law.  Some aspects of the “living Constitution” have been stretched and pulled beyond anything resembling their originally intended purpose, “authorizing” the federal government to do virtually anything it wants.  This is profoundly contrary to the function of the Constitution as a body of supreme law that should restrain the actions of the government.


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